Jose Estrada v. Mccue

December 13, 2012

JOSE ESTRADA, PLAINTIFF,v.MCCUE, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff, the only party to appear in this action, has consented to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). See Consent filed Feb. 1, 2012 (Doc. No. 5). By order filed August 24, 2012, plaintiff's amended complaint was dismissed and he was granted thirty days in which to file a second amended complaint. Plaintiff subsequently received two extensions of time to file a second amended complaint. See Orders filed Sept. 18, 2012 (Doc. No. 16) and Nov. 9, 2012 (Doc. No. 19). The second of those orders granted plaintiff a final period of fourteen days in which to file a second amended complaint and cautioned him that failure to do so would result in an order dismissing this action without prejudice.*fn1 The fourteen day period has now passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the court's order.

Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. See Local Rule ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.